Opportunity of hearing before penalty of dismissal

Does principles of natural justice would require an opportunity to be given to the delinquent employee before imposition of penalty?

The Disciplinary Authority after supplying the Report of the Inquiring Authority had given an opportunity to the Respondent to submit his explanation, which he did. In view of the disability of the Disciplinary Authority in passing an “order of removal” under Rule 68 (2), the entire record was sent to the Appointing Authority who examined the matter and passed an “order of removal”.

In State Bank of India v. Ranjit Kumar Chakraborty (supra) which is the basis of the judgment of the High Court, it was held that the Appointing Authority could not pass an order imposing a major penalty. In that case, the Disciplinary Authority sent the Records to the Appointing Authority who passed order of “dismissal from service”. It is not clear from the judgment as to whether the delinquent officer in that case was given a notice by the Disciplinary Authority before the records were sent to the Appointing Authority. Continue reading “Opportunity of hearing before penalty of dismissal”